Commercial Credit Corp. v. Empire Trust Co.

DUNCAN, Chief Judge.

Plaintiff, a corporation, organized under the laws of the State of Maryland, instituted this suit in this court as a depositor, against the defendant, a resident of Missouri, to require the defendant to restore to the plaintiff’s account, the sum of $10,131.16, alleging that the plaintiff drew its check No. 5772 on the defendant bank in the sum of $12,000, payable to the order of Howard A. Beach and Mary L. Beach of Atchison, Kansas, and that—

“Thereafter, the defendant wrongfully paid said check without the indorsement of the said Mary L. Beach and wrongfully paid said sum…